• Data Breaches: Adding a New Layer to the Risk of Legal Malpractice

    February 01, 2020 |

    Those in the legal profession are not immune to a data breach. What's more, ethical obligations put lawyers and law firms at even greater risk for significant business, financial and reputational harm should they experience a cyberattack. Attorneys have both an ethical and legal duty to take reasonable steps to protect their clients' personal sensitive data against a cyberattack, or face serious ramifications.

  • Examining the Interplay Between Exculpation Clause and Fiduciary Duty

    February 01, 2020 |

    In the case of In re Solutions Liquidation, the U.S. Bankruptcy Court for the District of Delaware adjudicated a motion to dismiss filed by the debtors' former managers and officers in connection with the breach of fiduciary duty complaint filed against them by the trustee of the debtors' liquidating trust.

  • GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review

    February 01, 2020 |

    U.S. civil litigants faced with an obligation to produce "personal data" protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction's law to satisfy another's courts.

  • The Threat of Ransomware 2.0 for Law Practices

    February 01, 2020 |

    During the past few months, there has been a significant paradigm shift in the cybersecurity world. Threat actors from Russia, in particular, have significantly enhanced their capabilities to target individual businesses and Managed Service Providers (MSPs) or IT companies. It is critical that lawyers, their firms and the companies they serve be aware of these threats and take the appropriate measures to proactively secure their own — and their clients' — sensitive and private information.

  • A Look Behind, A Look Ahead: Part Two - E-Discovery

    February 01, 2020 |

    Part Two of a Two-Part Article Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.

  • The Trademark That Got His Goat

    February 01, 2020 |

    In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.

  • U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO

    February 01, 2020 |

    In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.